S.TALAPATRA, S.G.CHATTOPADHYAY
Sanirai Kaloi – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
S. Talapatra, J.
1. This appeal by the convict is directed against the judgment and order of conviction and sentence respectively dated 03.08.2009 and 05.08.2009 by the Addl. Sessions Judge, Gomati Judicial District, Udaipur in Case No. ST 25 (GT/A) of 2017 (T-1). By the said judgment, the appellant has been convicted under Section 417/376(2)(n) of the IPC. Pursuant to the said judgment, the appellant has been sentence to suffer rigorous imprisonment of ten years and to pay fine of Rs. 30,000/- with default stipulation for commission of offence punishable under Section 376(2) (n) of the IPC. He has been further sentenced to suffer simple imprisonment for six months for commission of offence punishable under Section 417 of the IPC. Both the sentences are directed to run concurrently. The period of detention, if any, undergone by the convict during investigation, inquiry and trial, has been directed to be set off from the substantive period of imprisonment.
2. The genesis of the prosecution case is rooted in the complaint (Exbt-1) lodged by the victim (PW-1) [the name is withheld to protect the identity of the victim] to the Officer-in-Charge, Ampinagar Police Station, Gomati
Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharashtra and others reported in AIR 2019 SC 327
State of H.P. vs. Mango Ram (2000) 7 SCC 224
State of Uttar Pradesh vs. Naushad reported in (2013) 16 SCC 651
Yedla Srinivas Rao v. State of A.P. : (2006) 11 SCC 615
Pramod Suryabhan Pawar vs. State of Maharashtra reported in (2019) 9 SCC 608
Anurag Soni Vs. State of Chhattisgarh reported in AIR 2019 SC 1857 : (2019) 13 SCC 1
Deepak Gulati v. State of Haryana: (2013) 7 SCC 675
Deelip Singh alias Dilip Kumar vs. State of Bihar reported in (2005) 1 SCC 88
Deepak Gulati vs. State of Haryana reported in (2013) 7 SCC 675
State of Kerala vs. A. Pareed Pillai reported in AIR 1973 SC 326
S.W. Palanitkar And Ors. vs. State Of Bihar reported in (2002) 1 SCC 241
Mahadeo Prasad v. State of W.B.
B. Suresh Yadav vs. Sharifa Bee reported in (2007) 13 SCC 107
Suryalakshmi Cotton Mills Vs. Rajvir Industries reported in (2008) 13 SCC 678
Anil Mahajan vs. Bhor Industries Ltd. and another reported in (2005) 10 SCC 228
Nagawwa vs. Veeranna Shivalingappa Konjalgi reported in (1976) 3 SCC 736
K.P. Thimmappa Gowda vs. State Of Karnataka reported in (2011) 14 SCC 475
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.